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AXTON-FISHER TOBACCO CO. v. ZIFFRIN TRUCK LINES

No. 183.

36 F.Supp. 777 (1941)

AXTON-FISHER TOBACCO CO., Inc., v. ZIFFRIN TRUCK LINES, Inc.

District Court, W. D. Kentucky.

February 10, 1941.

Attorney(s) appearing for the Case

A. Shelby Winstead and Woodward, Dawson & Hobson, all of Louisville, Ky., for plaintiff.

Joseph & Dann, of Indianapolis, Ind., and Samuel M. Rosenstein, of Frankfort, Ky., for Ziffrin Truck Lines, Inc.

Allen & Clarke, of Louisville, Ky., for Eagle Star Ins. Co., Ltd.

MILLER, District Judge.

This action is before the Court on the motion of the plaintiff, the Axton-Fisher Tobacco Company, for summary judgment against the Ziffrin Truck Lines, Inc., in accordance with the provisions of Rule 56 of the Rules of Civil Procedure, 28 U.S. C.A. following section 723c.

The complaint alleges that on or about March 15, 1940, the plaintiff delivered to the defendant 200 cases of cigarettes for immediate shipment to Chicago, Illinois...

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